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(영문) 서울중앙지방법원 2018.10.11 2018가단5003390
양수금
Text

1. The Plaintiff:

A. Within the scope of the property inherited from the net G, Defendant B shall be limited to KRW 78,91,956 and its 23,077.

Reasons

1. The facts stated in the separate sheet of claim against the defendant B and D do not clearly conflict between the plaintiff and the above defendants.

According to the above facts, the above Defendants, as the deceased’s inheritors, are obligated to perform the deceased’s obligations to the Plaintiff according to their shares of inheritance.

On the other hand, the Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim because they were subject to a qualified acceptance trial on the deceased’s inheritance.

However, the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability, so long as the qualified acceptance of inheritance is recognized even in cases where the qualified acceptance of inheritance is recognized, the court shall render a judgment to fully perform the inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. Provided, That in order to restrict the executory power, the court must clearly state the purport that the obligation can be executed only within the scope of the inherited property in the text of the judgment of performance, in order to limit the executory power.

(2) In light of the above legal principles and the purport that the Plaintiff is seeking performance of the inheritance obligation according to the inherited portion within the scope of the property inherited from the deceased against the said Defendants, the above Defendants’ above assertion is without merit.

Therefore, within the scope of the property inherited from the deceased, Defendant B is obligated to pay to the Plaintiff KRW 78,91,956 out of the deceased’s debt and KRW 23,077,282 of the deceased’s debt, Defendant D is obligated to pay damages for delay calculated at the rate of 15% per annum under the agreement from January 6, 2018 to the date of full payment.

Thus, the plaintiff's claim against the above defendants shall be accepted on the grounds of all.

2. Claim against Defendant C.

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